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CC 2024-05-14_10a Public Art Regulations_Amendments MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director SUBJECT: Amendments to the Arroyo Grande Public Art Regulations, Guidelines, and Donation Program DATE: May 14, 2024 RECOMMENDATION: 1) Introduce an Ordinance amending Section 16.16.200 of the Arroyo Grande Municipal Code regarding public art, including but not limited to, murals; 2) Adopt a Resolution amending the Public Art Guidelines and Public Art Donation Program; and 3) Determine that the amendments to the Public Art Guidelines and Public Art Donation Program to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected other than staff time to review the amendments, prepare staff reports, and present the changed regulations to Planning Commission and City Council. BACKGROUND: In 2002, the City Council approved an Art in Public Places Program and process. The Program and process were prepared with the assistance of the San Luis Obispo County Arts Council and an Art Donation Program was approved by the City Council in 2006. In 2011, the Art in Public Places Program was renamed to the Public Art Guidelines and was amended to apply to public art projects on private property. During this update, public art on private property was defined as art that is displayed in an open area that is freely available to the general public or where public accessibility is provided based upon the characteristics of the artwork or its placement on the site. For the purposes of discussion, s to both the Public Art Guidelines and the Public Art Donation Program. On October 12, 2021, the Guidelines were amended to apply to public art proposals on non-residentially zoned property. Public art on privately-owned residential property was removed from the Guidelines to clarify that residential property was excluded. In addition, Item 10.a. City Council Amendments to the Arroyo Grande Public Art Regulations, Guidelines, and Donation Program May 14, 2024 Page 2 the Council on public art projects. Following the update, Arroyo Grande Public Art was charged with making advisory recommendations to the City Council. Lastly, the Guidelines established a seven (7) member Public Art Panel for the purpose of approving proposed art projects. Arroyo Grande Municipal Code (AGMC) Section 16.16.200 establishes a process for the review and approval of murals. Under the current process, the Community Development Director (Director) approves mural applications, with a recommendation from the Architectural Review Committee (ARC). By contrast, the Guidelines require City Council to approve public art with a recommendation from AGPA. Additionally, the review criteria in AGMC 16.16.200 differs from the criteria contained in the Guidelines. This code amendment aims to consolidate these two approval processes to improve the process of applying to create public art. City Council Study Session Staff presented revised Guidelines to City Council at a study session on March 12, 2024, to discuss amending the AGMC and Guidelines so they operate through a single approval process. After the study session, staff updated the Guidelines to align with the direction from the City Council and scheduled the project for Planning Commission. Planning Commission On April 16, 2024, the Planning Commission held a public hearing on the proposed amendment to Section 16.16.200. Although approval of amendments to the Guidelines were not technically within the purview of the Planning Commission, the proposed Guidelines amendments were provided to the Commission to add context to the revisions to the Municipal Code. The Planning Commission recommended that the City Council adopt the amendments to Section 16.16.200 of the AGMC proposal. ANALYSIS OF ISSUES: AGMC Section 16.16.040 requires amendments to Title 16 of the Municipal Code to be approved by City Council, after a recommendation from the Planning Commission is obtained. AGMC Section 16.16.200 has been amended in accordance with the City murals specifically. This Code section also now refers to the Guidelines for information about application requirements and overall review and approval process. Attachment 1 contains the proposed amendments to this Code section in strikethrough and underline to highlight the changes to the text. The Guidelines are intended to facilitate and encourage outdoor public art on City property, in the public right of way, or on private property with non-residential uses that is visible from the public right-of-way. The purpose of proposing amendments to the Item 10.a. City Council Amendments to the Arroyo Grande Public Art Regulations, Guidelines, and Donation Program May 14, 2024 Page 3 Guidelines is to 1) provide a single process for approval of public art; and 2) update design criteria to guide those applying for a permit and reviewing bodies when evaluating applications for public art. Proposed Selection Criteria The existing criteria are recommended to be replaced with additional, more robust reviewing criteria shown below. The proposed criteria will provide additional guidance to those responsible for reviewing applications. The criteria are as follows: 1. Evaluation of artistic excellence, examining: a. qualifications with the stated goals of the project; b. d of previous collaboration with other agencies, organizations, artists, fabricators, installers to achieve a successful result in implementing the proposed project; c. ; d. To the extent applicable, the artist in creating producing or otherwise implementing projects similar to the one proposed; e. The original nature of the proposed concept; f. The inherent artistic quality and aesthetic merit of the work. 2. Appropriateness of scale, form, material, content and design relative to the immediate neighborhood and environment; no mural shall be approved if the mural, as proposed, would create an objective risk to public health, safety, or welfare (e.g. a mural near a roadway would be rejected for the use of reflective materials, like mirrors, which could cause a distraction to drivers); 3. Appropriateness of proposed materials as regards to structural and surface integrity, considering the ability of the materials and design to protect against vandalism, withstand weathering, and maintain the intended design; 4. Ease of maintenance and longevity of the proposed materials; 5. Appropriateness of proposed method of installation and artwork and safety and structural factors involved in installation; 6. Location, considering the intended audience for the proposal, whether the public will be a captive audience or whether a person would need to take affirmative steps to view the project, consideration of whether the mural would be in an area typically accessed or viewable by minors; 7. A mural shall not be approved if it includes: a. Copyrighted work without permission of the holder of the copyright. b. Obscene materials. c. Defamatory content. d. Fighting words or advocates imminent lawless action. e. Content, including but not limited to, words, symbols, signs, trademarks, or references to products or services provided on the premises, which makes Item 10.a. City Council Amendments to the Arroyo Grande Public Art Regulations, Guidelines, and Donation Program May 14, 2024 Page 4 it a sign, as defined in AGMC Section 16.04.070, and regulated under AGMC Chapter 16.60. The proposed criteria are designed to give additional clarity as to requirements for application approval. At the City Council study session, AGPA provided comments regarding the criteria for artistic quality, citing concerns about how they apply to certain public projects such as the recent utility box paintings. Village-Specific Standards The above proposed selection criteria are intended to be used for public art citywide. The City Council directed staff to provide some Village-specific public art standards, where the concerns for maintaining the historic character of the area are more pronounced. Based on this direction, staff has included, and the Planning Commission recommended, the following additional criteria in the Guidelines to apply to properties within the Village: a. An identified relationship to the social, cultural and historical identity of the area; b. tures; c. public art project on residents, businesses, existing works of art or design elements Applicability of the Guidelines The Guidelines currently apply to public art proposed on City property, in the public right of way, and on private property with a nonresidential land use that faces a public right-of- way or public property. The proposed updates clarify this applicability by stating that the Guidelines will apply to public art on private property with a nonresidential land use that is visible from a public right-of-way or public property. Applications Public vs. Private The City Council, as well as AGPA, expressed interest in having separate application forms for public art on private property vs. public art on public property to ensure clarity to applicants based on the type of public art proposed. Upon final approval of the guidelines and public art donation program, staff will have two separate applications available to the public for private property vs. public property. Next Steps Introduction of the Ordinance will allow the City Council to schedule adoption at a subsequent meeting, and then become effective 30 days after adoption. Amendments to the Public Art Guidelines and Public Art Donation Program will take effect upon City Council approval. Item 10.a. City Council Amendments to the Arroyo Grande Public Art Regulations, Guidelines, and Donation Program May 14, 2024 Page 5 ALTERNATIVES: 1. Introduce the Ordinance and adopt a Resolution approving amendments to the Public Art Guidelines and Public Art Donation Program; or 2. Modify as appropriate and introduce the modified Ordinance and Resolution approving the Public Art Guidelines and Public Art Donation Program; or 3. Do not introduce the Ordinance and do not adopt a Resolution approving amendments to the Public Art Guidelines and Public Art Donation Program, and provide direction to staff on specific revisions; or 4. Provide other direction to staff. ADVANTAGES: Amendments to the Arroyo Grande Municipal Code regarding public art, including but not limited to, murals, provides an opportunity to improve consistency with the Guidelines and spur additional public art in the city by improving the permitting process. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The amendment to Section 16.16.200 of the AGMC and amendments to the Public Art Guidelines and Public Art Donation Program are not subject to the California o State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here, the City Council is only approving an update to the Arroyo Grande Municipal Code, Public Art Guidelines, and Public Art Donation Program. None of these amendments, on their own, authorize any placement or creation of public art. Thus, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. PUBLIC NOTIFICATION AND COMMENTS: Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Ordinance Amendment to AGMC 16.16.200 2. Proposed Resolution to Amend Public Art Guidelines and Public Art Donation Program Item 10.a. ATTACHMENT 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 16.16.200 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING PUBLIC ART AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in 2002 the City Council approved measures to promote art in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of the surrounding area; and WHEREAS, in 2004 the City Council adopted a resolution approving Public Art Guidelines and an ordinance incorporating them by reference into the Municipal Code as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, in 2011 the City Council amended the Design Guidelines and Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a Public Art Donation Program; and WHEREAS, the City Council amended the Public Art Guidelines and Public Art Donation Program again in 2021; and WHEREAS, at a study session on March 12, 2024, City Council directed staff to amend the Public Art Guidelines, Public Art Donation Program, and Arroyo Grande Municipal Code (AGMC) Section 16.16.200 to provide an updated process for reviewing public art applications; and WHEREAS, this ordinance amends section 16.16.200 to apply to public art and authorize City Council as the approving body for public art projects; and WHEREAS, on April 16, 2024, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the ordinance amendments. Following the public hearing, the Planning Commission voted to forward the ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on May 14, 2024, the City Council conducted a duly noticed public hearing to consider the ordinance, including: (1) the public testimony and agenda reports 65501.00002\\42190255.1 ORDINANCE NO. PAGE 2 prepared in connection with the ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on May 14, 2024 introduced this Ordinance to amend Section 16.16.200 of Title 16 of the Arroyo Grande Municipal Code; and WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Environmental. The City Council finds that this ordinance is exempt from the California Environmental Quality Act ("CEQA") because the ordinance does not rdinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The ordinance therefore does not qualify as a project subject to CEQA. SECTION 3. Required Findings. In accordance with section 16.16.040 of the Arroyo Grande Municipal Code, the City Council hereby makes the following findings: 1. General Plan. The ordinance consistent with the general plan and necessary and desirable to implement the provisions thereof. Making the proposed updates to AGMC 16.16.200 will promote the creation of public art in the City. The General Plan speaks to the desire to City, and to attract outside visitors and improve the experience of residents. Facilitating the process by which art may exist in public places is consistent with those important aesthetic and economic development goals of the General Plan. 2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the ordinance will not adversely affect the public health, safety, and welfare as the proposed amendments are intended to harmonize existing processes as to public art approval and ensure a consistent, predictable review process for public art projects. Standards to protect public safety in the creation of public art have been put into place within the Public Art Guidelines to ensure that public art does not interfere with existing rights of way and guided is by standards intended to preserve or augment the health, safety, and welfare of the community. ORDINANCE NO. PAGE 3 3. Consistency with Title 16. This ordinance is consistent with the purpose and intent of AGMC Title 16 because it updates the process relating to approval of public art on non-residentially zoned property and ensures that the provisions thereof are consistent general plan. 4. Environmental. As above in Section 2, the proposed revision to this title will have an insignificant effect on the environment by itself because specific public art projects will need to undergo individualized review. Further, the updates to the municipal code merely update the approval process and review criteria for approval of public art without authorizing any action that could impact the environment. SECTION 4. Code Amendment. Section 16.16.200 of the Arroyo Grande Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough): 16.16.200 Mural permit Public Art. A. Purpose and Intent. To facilitate and encourage property owners to provide outdoor public art, including but not limited to, murals. ensure a mural enhances the architecture or aesthetics of a building or wall and to ensure a mural does not detract from the character of the district within which it is located and to ensure a mural is not detrimental to the public health, safety or welfare. a mural permit shall be required for all murals. A mural permit is in addition to signs. B. Authority. The community development director is authorized to approve mural permits subject to the appeal provisions of Section 16.12.150. The architectural review committee shall provide recommendations to the community development director regarding mural permit requests. A public hearing is not required. C. Submittal and Review Procedures. 1. Public Art applications shall be processed and reviewed as authorized in Guidelines and Public Art Donation Program. A copy of the Public Art Guidelines and Public Art Donation Program are available with Mural permit applications shall contain the following: a. Completed planning application form and required fee and attachments (see also Section 16.12.030); b. Five copies of a plot plan, drawn to standard engineers scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow, showing: ORDINANCE NO. PAGE 4 i. Location, exterior boundaries and dimensions of the entire property that is the subject of the application, ii. Public and/or private adjacent streets, rights-of-way, and easements, iii. Site access, circulation and off-street parking facilities, iv. Existing and proposed buildings and structures, v. Wall, fences, exterior lighting structures and planted areas, c. Five copies of a mural plan showing: i. Dimensions and area (in square feet) of the mural, ii. Dimensions and areas of building walls on which the mural is to be located, iii. Height of the mural above the average ground surface, iv. Means of lighting, if any, v. Description of materials and colors, vi. Scaled drawing of the mural showing design details; d. One colored rendering depicting the mural on the side of the building or wall, at a scale sufficient to clearly show all elements of the proposed design; e. Color photographs of the subject wall or building and surrounding sites; f. Other information that the community development director may reasonably require to secure compliance with this title. 2. After receipt of a completed application, the community development director shall schedule a mural permit application for review by the architectural review committee. 3. Upon recommendation by the architectural review committee and when the proposed mural satisfies all applicable provisions of this title, the community development director shall approve a mural permit. 4. If the community development director approves the mural permit, the building department shall be notified. A building permit and payment of applicable fees may be required. 5. If the community development director determines the proposed mural to be unacceptable, the director shall inform the applicant of identifiable issues and suggest alternatives to resolve such issues. The applicant shall then be directed to return with revisions and/or work with staff to resolve issues. If issues cannot be resolved, the ORDINANCE NO. PAGE 5 community development director shall deny the mural permit application. D. Required Findings. The community development director may approve a mural permit only if all of the following findings of fact can be made in an affirmative manner: 1. The proposed mural is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and any applicable design guidelines or approvals; 2. The proposed mural will not be detrimental to the public health, safety and welfare; 3. The proposed mural, including the physical location or placement, size and design, is consistent with the character of the district and the neighborhood within which it is located; 4. The proposed mural, including the physical location or placement, size and design, is consistent with the character of the building or wall upon which it is placed and will complement the architecture or aesthetics of the building or wall; 5. The proposed mural does not contain any advertising material (murals containing advertising materials may be reviewed as signs SECTION 6. Publication. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed ordinance shall be posted in the office of the City Clerk. Within 15 days after adoption of the ordinance, the summary with the names of those City Council members voting for and against the ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted ordinance. SECTION 7. Effective Date. This ordinance shall become effective 30 days after adoption. SECTION 8. Severability. Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 9. Records. The documents and materials associated with this ordinance that constitute the record of proceedin ORDINANCE NO. PAGE 6 and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA 93420. The City Clerk is the custodian of the record of proceedings. On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this ____ day of _______, 2024. ORDINANCE NO. PAGE 7 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDMENTS TO THE PUBLIC ART GUIDELINES AND PUBLIC ART DONATION PROGRAM AND FINDING THE ACTION NOT SUBJECT TO CEQA WHEREAS, in 2002 the City Council approved measures to promote art in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City Government involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of the surrounding area; and WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art Guidelines and an Ordinance incorporating them by reference into the Municipal Code as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, in 2011 the City Council amended the Design Guidelines and Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a Public Art Donation Program; and WHEREAS, the City Council amended the Public Art Guidelines and Public Art Donation Program again in 2021; and WHEREAS, at a study session on March 12, 2024, City Council directed staff to amend the Public Art Guidelines and Public Art Donation Program to resolve inconsistencies and improve the review process; and WHEREAS, the City Council now desires to amend the Public Art Guidelines and Public Art Donation Program as part of a proposed amendment to Arroyo Grande Municipal Code Section 16.16.200; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that: SECTION 1. That all recitals above are true, correct, and incorporated herein. SECTION 2. That the City Council of the City of Arroyo Grande hereby adopts the Public Art Guidelines and Public Art Donation Program as reference as though set forth in full. RESOLUTION NO. PAGE 2 SECTION 3. This action is not subject to the California Environmental 15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. SECTION 4. This Resolution shall take effect upon approval by the City Council. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: th The foregoing Resolution was passed and adopted this 14 day of May, 2024. RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. PAGE 4 Exhibit A Public Art Guidelines and Public Art Donation Program EXHIBIT A CITY OF ARROYO GRANDE PUBLIC ART Public Art Guidelines & PublicArt Donation Program aǒƩğƌ ƦŷƚƷƚ ĭƚǒƩƷĻƭǤ ƚŅ źǝźğƓ YƩǒŭ ADOPTED _________________ RESOLUTION NO. __________ 1 2 PUBLIC ART GUIDELINES Purpose The purpose of the Guidelines is to establish a framework to facilitate and encourage property owners to provide outdoor public art. For the purposes of these Guidelines, "Public Art" shall mean art located either: (1) On private property with a non-residential land use that is visible from a public right-of-way or public property; or (2) In the adjacent public right of way; or (3) On property owned or managed by the City of Arroyo Grande (City), that is openly displayed to the public without charge. Artwork may include free-standing pieces (e.g., a sculpture or water fountain) or may be integrated into its surroundings as an architectural element (e.g., relief sculpture embedded in pavement or a wall, a mosaic or mural on a wall.) These Guidelines establish the City's goals regarding art that is publicly displayed and accessible to the public. The City recognizes that art and artistic expression is a protected activity and these Guidelines are not intended to unduly restrict creative expression or limit the types of public art possible. Rather, they are intended to facilitate and encourage the best possible combination of sites and artwork and help to guide what is essentially a form of communication between the artist and the community. City recognizes that art and artistic expression is a protected activity and these Guidelines are not intended to unduly restrict creative expression or limit the types of public 3 Applicability These Guidelines are applicable to public artprojects proposed: (1)on privateproperty with a non-residential land use that is visible from a public right-of-way or public property;or (2)in theadjacent public right of way;or (3)on Cityproperty or City maintained property. Public art proposed to be located on City property or City maintained property is also subject to the Public Art Donation Program. Proposal and Application Public art proposals will require: An application submitted to the Community Development Department. Applications will be made available on the Arroyo Grande website, and a completed application is required for eligibility and approval of proposed public art. A recommendation of approval from the Architectural Review Committee in accordance with the Selection Criteria. A decision by the City Council in accordance with the Selection Criteria. 4 CźŭǒƩĻ Њʹ .ǒƷƷĻƩŅƌǤ ğƓķ ƷŷĻ IğƓķ ΛĭƚǒƩƷĻƭǤ bğƓ .ƚǞƒğƓΜ 5 Application Review and Approval Following an initial determination on the completeness of the application by the Community Development Department, the Architectural Review Committee the City Council. The Selection Criteria, which both ARC and the City Council will use to review applications, is discussed below. ARC will convene to make a recommendation to the City Council regarding the public art application based on the Selection Criteria. ARC may: (1) Recommend approval of the project to the City Council: or (2) Request the applicant make further clarification, modify, or redesign the proposal before advancing the proposal to the City Council in order to meet the Selection Criteria; or (3) Request the applicant present a new concept or design for the project; or (4) Recommend rejection of the application due to inconsistencies with the Selection Criteria. w of the proposal, the applicant may: (1) Modify the proposal and return to ARC at a later date; or (2) Advance the proposal to the City Council for review 6 The City Council will schedule a public hearing to review the application within 90 days of receiving ARC recommendation. At the hearing, the City Council shall review any material submitted by the applicant, city staff, the administrative record of the decision on the application, and evidence presented at the hearing. The applicant shall be given a reasonable time to present their case. The City Council shall use the Selection Criteria as the basis for its decision. The City Council may: (1) Request the applicant to clarify its proposal or redesign and resubmit its proposal to ARC or City Council. If the City Council requests that the applicant resubmit the proposal to ARC, the resubmitted proposal shall be reviewed as if a new application; or (2) Approve the proposal, providing a written explanation of the basis for approval through the Selection Criteria; or (3) Deny the proposal, providing a written explanation of the basis for denial through the Selection Criteria All decisions of the City Council are final and conclusive. 7 CźŭǒƩĻ Ћʹ 5źǝĻƩƭźƷǤ {ĭǒƌƦƷǒƩĻ ΛĭƚǒƩƷĻƭǤ źǝźğƓ YƩǒŭΜ 8 Selection Criteria (1) Evaluation of artistic excellence, examining: a. : education, training, experience, body of work, recognition of the artist, and the consistency of the ;. b. organizations, artists, fabricators, or installers to achieve a successful result in implementing the proposed project; c. ; d. experience in creating, producing or otherwise implementing projects similar to the one proposed; e. The original nature of the proposed concept; f. The inherent artistic quality and aesthetic merit of the work (2) Appropriateness of scale, form, material, content and design relative to the immediate neighborhood and environment; no mural shall be approved if the mural, as proposed, would create an objective risk to public health, safety, or welfare (e.g. a mural near a roadway would be rejected for the use of reflective materials, like mirrors, which could cause a distraction to drivers). Scale is defined as the relative size of a building element in relation to other forms and the human body. Form is the shape or configuration of the artwork; (3) Appropriateness of proposed materials in regards to structural and surface integrity. Materials should be considered in the context of ability to deter against vandalism, withstand weathering, and maintain the intended design; (4) Ease of maintenance and longevity of the proposed materials; 9 (5) Appropriateness of the proposed method of installation of the artwork with consideration given to the safety and structural factors involved in installation; (6) Location, considering the intended audience for the proposal, whether the public will be a captive audience or whether a person would need to take affirmative steps to view the project. Consideration shall be given to whether the mural would be in an area typically accessed or viewable by minors. (7) A mural shall not be approved if it includes: a. Copyrighted work without permission of the holder of the copyright. b. Obscene materials. c. Defamatory content. d. Fighting words or advocates imminent lawless action. e. Content, including but not limited to, words, symbols, signs, trademarks, or references to products or services provided on the premises. Such content meets the Arroyo Grande Municipal Code (AGMC) definition for signage, as regulated by AGMC Chapter 16.60. (8) Public Art proposed in the D-2.4 Historic Character Overlay District is also subject to the following criteria: a. An identified relationship to the social, cultural and historical identity of the area; b. An identified relationship to the site's existing architectural features; c. The nature of the site's surrounding neighborhood and potential impact of the public art project on residents, businesses, and existing works of art or design elements within the site's vicinity. Location 10 Public art is allowed in all zoning districts and is strongly encouraged in the Village Core Downtown, Village Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public/Quasi-Public Districts. Promotion of public art visible from intersections within these districts as well as proximate to public gathering areas, plazas and public parking areas is highly recommended. CźŭǒƩĻ Ќʹ źƷƌĻ ΛĭƚǒƩƷĻƭǤ źǝźğƓ YƩǒŭΜ PUBLIC ART DONATION PROGRAM CźŭǒƩĻ Ќʹ WğƦğƓĻƭĻ \[ğƓƷĻƩƓ 11 Purpose Public art can provide aesthetic, cultural and economic benefits to the community. The City of Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or group commissioning an artist, may donate, gift or bequeath public art to the City of Arroyo Grande for location in a City-owned or maintained public spaces. A Resolution of the City Council accepting public art must include provisions for the funding and ongoing maintenance of the donated public art. In authorizing public art on City-owned or maintained public spaces, culture, and built and natural environment. As a nonpublic forum, the City will only accept art which is consistent with inclusiveness, environmental sustainability, and accessibility. Process The following steps will result in the review and decision regarding a proposal: (1) The proposal shall be submitted to the Community Development Department for review, and to determine the following: a. General Plan consistency b. Risk and safety considerations c. Maintenance requirements d. Durability (2) The proposal will be reviewed by the Recreation Services Department Director if placement is proposed on a park property. (3) Recommendations will be considered by the City Council at a public hearing concurrently with the consideration of the public art piece(s). The City Council will have final approval of the donation and may reject a donation for any reason. 12 Proposal Proposals of public art donations should include: (1) A completed application submitted to the Community Development Department. Applications will be made available on the Arroyo Grande website; (2) (3) The materials and dimensions of the art piece(s); (4) A statement from the donor that the art is free of encumbrances. (5) Estimated value of donated work; (6) Recommended manner of installation; (7) Estimated costs to provide ongoing maintenance for the art; and (8) A statement from the artist that the art is free of encumbrances and waiving rights under the California Arts Preservation Act, section 987 of the California Civil Code ("CAPA"), and the Visual Artist Rights Act, section 106(a) of the United States Code ("VARA"). Display of Public Art (1) The Resolution accepting the donation shall establish the terms of the proposed installation. (2) Artwork shall be displayed to include the artwork title, artist's name, patron's name, if applicable, and date of completion. The materials used and a short explanation of the work could be included as an option. Plaques will not be used for advertising purposes. (3) Prior to installation of the project, the Community Development Department shall receive from the artist or donor a set of plans, specifications, and a copy of a maintenance record, which identifies maintenance, installation, and removal instructions. The transportation, 13 installation, and associated costs (such as engineering, a base for the artwork or other installation elements) related to artwork are the responsibility of the donor. In some instances, the artist or donor may be required to obtain a building permit to ensure the safety and stability of the piece(s). The permit may be issued at no cost to the artist or donor. (4) Once the art piece is installed (by the donor under the supervision of City staff with the artist's installation direction and donor installation funding), it will require inspection and sign off by a City Building Inspector. (5) Following inspection, a publicized dedication ceremony may be held to present the art piece to the community. 14